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July 5, 2005

Problems in Indiana with advisory fix

This morning brings this interesting AP story from Indiana concerning the state's decision to respond legislatively to Blakely issues by converting its mandatory sentencing system into an advisory system. In the piece, Prof. Joel Schumm is quoted calling "the new law, which took effect in April, 'a pretty enormous setback' that undid decades of work toward making sentences fairer." And:

The new law could expose judges to extreme pressure to impose harsher sentences in line with the wishes of victims and their families, Schumm said. "To be honest with you, I think it could mean a lot more appeals and a lot longer sentences," he said.

The article also quotes lawyer Michael Ausbrook, of INCourts fame. The piece is headlined "Sentencing law may increase appeals; Change is called 'enormous setback.'" But for sentencing insiders who would understand the references, a more fitting title might be, "States should be wary of fixing Blakely with Booker."